R v GREEN [1999] NSWCCA 97

R v GREEN [1999] NSWCCA 97

The sentencing judge did not fail to consider the timing of the provocation and response, as the matter proceeded on the basis that the applicant's response followed immediately upon the deceased's approach. Although the sentence was substantial, the offence was serious, the provocation was not of the most serious kind, the response was remarkably violent and frenzied, and the applicant had a fairly bad criminal record, notwithstanding his confession, plea of guilty to manslaughter and rehabilitative steps. The sentence was not shown, by comparison with other cases or otherwise, to exceed the proper range of sentencing discretion.

Jurisdiction
Australia
Judgment Date
18 May 1999
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal allowed; appeal dismissed.
Legal Topics
['manslaughter' 'provocation Manslaughter' 'manifest Excess' 'sentencing Discretion' 'general Deterrence']
['criminal Law' 'sentencing'] ['manslaughter' 'provocation Manslaughter' 'manifest Excess' 'sentencing Discretion' 'general Deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge failed to take into account the time between the deceased's provocative act and the applicant's unlawful response." 'Whether general deterrence had a limited role because the death resulted from an immediate reaction to unexpected provocation.' 'Whether the sentencing judge overlooked subjective factors.' 'Whether the sentence imposed for manslaughter exceeded the proper range of sentencing discretion.']

Ratio Decidendi

The sentencing judge did not fail to consider the timing of the provocation and response, as the matter proceeded on the basis that the applicant's response followed immediately upon the deceased's approach. Although the sentence was substantial, the offence was serious, the provocation was not of the most serious kind, the response was remarkably violent and frenzied, and the applicant had a fairly bad criminal record, notwithstanding his confession, plea of guilty to manslaughter and rehabilitative steps. The sentence was not shown, by comparison with other cases or otherwise, to exceed the proper range of sentencing discretion.

Court Disposition

Leave to appeal allowed; appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']